Our city, state, and country have made strides regarding civil rights over the last several decades. Despite these strides, much work remains, and too many workers must deal with a workplace permeated by racial harassment and hatred. New York workers who experience racial harassment at work, such as the N-word, nooses, references to lynching, and more, may be entitled to use federal, state, or city law to get justice for the harm they have suffered. A skilled New York race discrimination lawyer can help you assess your situation, decide if you have a claim, and also determine which law or laws might apply to your circumstance.
One of the most pernicious forms of workplace racial harassment is the N-word. Judges have recognized the harm this word can wreak, with some calling it the most offensive word in the English language.
Yet, as one recent federal hostile work environment case illustrates, the use of the N-word remains a problem in workplaces today.
The plaintiff, E.C., was a Black woman who worked for a company that designed and programmed industrial automation systems. While at work, the employee allegedly overheard another employee using the N-word.
E.C. sued her employer, alleging a race-based hostile work environment in violation of federal law (Title VII). The employer moved for summary judgment, but the judge rejected that motion.
In ruling for E.C., the court acknowledged that “an offensive remark that is not directed at the plaintiff” arguably “may not carry the same weight in terms of severity as an offensive remark directed at her.” However, E.C. still had enough to establish a viable hostile work environment case. Even though E.C. only personally heard the coworker use the slur once, she also “was personally aware of [the coworker] using the term outside her presence.” Based on all those alleged instances, and “given the offensive and derogatory nature of the n-word,” E.C. presented enough evidence that a reasonable jury potentially could decide that the conduct was sufficiently severe or pervasive to constitute a hostile work environment.
E.C.’s case is proceeding in a federal court in South Carolina, where she relied solely on federal law. Federal law says that, to have a viable hostile work environment claim, you must demonstrate that the harassment you endured was either severe or pervasive. Some federal appeals courts have said that even a single utterance of the N-word is enough to satisfy the “severe” requirement of federal law, even if it is obviously not pervasive.
What the Law in New York State and New York City Says
Here in New York City, workers have even stronger protections than just federal law. Today, neither the New York State Human Rights Law nor the New York City Human Rights Law requires harmed workers to demonstrate that the harassment they endured was either pervasive or severe. Instead, they take a broader approach. To have a viable claim under the NYCHRL, the law requires only that you demonstrate that you were treated “less well” than others and that that treatment occurred because of your race. The NYSHRL requires that you establish that you were subject to inferior terms, conditions, or privileges of employment.
Certain facts can strengthen your case. For example, if the person who said the N-word was your supervisor, that is more powerful (for your case) than if the speaker was just a colleague. Given the broad standards of state and city law, however, the utterer need not be a supervisor. Potentially, even just a single use of the N-word (or, for that matter, a single display of a noose) by a non-supervisory employee may be enough to entitle you to recover.
One of the critical things you need to do is retain the services of an experienced racial harassment attorney who can help you assess your case. The knowledgeable New York race discrimination attorneys at Phillips & Associates, PLLC can provide you with the advice and advocacy you need. Our team is highly experienced in handling these types of cases, and we are also sensitive to the dehumanizing pain of racial harassment. To learn more about how we can help you seek justice, contact us online or call (866) 229-9441 to schedule a free, confidential consultation today. We do not charge attorney fees unless we recover compensation for you.